Archives for: September 2013, 15

09/15/13

Permalink 01:25:04 pm, by fourth, 166 words, 431 views   English (US)
Categories: General

Forbes: E-ZPasses Get Read All Over New York (Not Just At Toll Booths)

Permalink 08:30:18 am, by fourth, 122 words, 557 views   English (US)
Categories: General

CA9: Consent to search a cell phone doesn't include answering it and impersonating defendant

Consent to “look in” or “search” a cell phone does not include permission for the officer to answer the phone and pass himself off as the defendant. “An individual who gives consent to the search of his phone does not, without more, give consent to his impersonation by a government agent, nor does he give the agent permission to carry on conversations in which the agent participates in his name in the conduct of criminal activity.” Defendant also had standing in the cell phones because he was asked for them. United States v. Lopez-Cruz, 2013 U.S. App. LEXIS 18930 (9th Cir. September 12, 2013).

Out-of-county vehicle with unfamiliar driver buying lye was not reasonable suspicion. State v. Taylor, 2013 Ohio 3906, 2013 Ohio App. LEXIS 4067 (9th Dist. September 11, 2013).*

Permalink 08:20:57 am, by fourth, 248 words, 388 views   English (US)
Categories: General

MO: No standing in a stolen RV being lived in

Defendant had no reasonable expectation of privacy in a stolen RV he was living in, that apparently he stole. This is a form of Rakas “wrongful presence.” State v. Woodrome, 2013 Mo. App. LEXIS 1040 (September 10, 2013):

=> Read more!

Permalink 08:01:26 am, by fourth, 125 words, 218 views   English (US)
Categories: General

MD: Rear deck taillight out supports stop

The officer watched defendant walking and get into the passenger seat of a car. As the car drove off, he noticed the rear deck brake light was out. That justified a stop, and marijuana was smelled, and that led to a search and a gun. Smith v. State, 214 Md. App. 195, 75 A.3d 1048 (2013).*

Officers knew of a shooting two hours earlier, and defendant was seen by an officer with a weapon. That supported his stop, and it didn’t become an arrest until he was found to be a felon. United States v. Fountain, 2013 U.S. Dist. LEXIS 128873 (N.D. Fla. September 10, 2013).*

The several search warrants in this case were all issued with probable cause. United States v. Broulik, 2013 U.S. Dist. LEXIS 129176 (D. Minn. July 15, 2013).*

Permalink 07:59:46 am, by fourth, 166 words, 675 views   English (US)
Categories: General

N.D.W.Va.: Officer had RS of hunting from car for stop

The officer was patrolling in an area known for hunting from vehicles. Defendant was validly stopped because the inspection certificate appeared expired. It turned out that it wasn’t but the officer also had reasonable suspicion to believe that defendant was hunting from the car, which meant a firearm in the car and that meant potential dangerousness. United States v. Behrens, 2013 U.S. Dist. LEXIS 130537 (N.D. W.Va. September 12, 2013).*

Defendant argued that the CI and government violated his reasonable expectation of privacy in recording a conversation with defendant in his driveway. The court doesn’t have to decide that question because there was plenty of information supporting the search warrant that defendant doesn’t challenge. United States v. Scott, 731 F.3d 659 (7th Cir. 2013).*

Handcuffing and transporting a juvenile who appeared to be “beyond the control” of school officials was not clearly established to be a Fourth Amendment violation, so qualified immunity applies. C.B. v. City of Sonora, 2013 U.S. App. LEXIS 18931 (9th Cir. September 12, 2013).*

Permalink 07:24:40 am, by fourth, 293 words, 1431 views   English (US)
Categories: General

PA: Search of unconscious accident victim's purse for ID was valid

Defendant was found unconscious after an accident, and first responders searched her purse for identification and any medical alert information. Drugs were found. That search was valid, as was an inventory of her vehicle three days later. Case law from other states support the first search, even though the trial court didn't rely on that. Commonwealth v. Gatlos, 2013 PA Super 252, 76 A.3d 44 (2013):

=> Read more!

FourthAmendment.com

Notes on Use

September 2013
Sun Mon Tue Wed Thu Fri Sat
<< < Current > >>
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30          

Search

by John Wesley Hall
Criminal Defense Lawyer and
  Fourth Amendment consultant
Little Rock, Arkansas
Contact / The Book
Search and seizure law consulting
www.johnwesleyhall.com

© 2003-14, online since Feb. 24, 2003

HWC e
URL hits since 2010

~~~~~~~~~~~~~~~~~~~~~~~~~~

Fourth Amendment cases,
citations, and links

Latest Slip Opinions:
U.S. Supreme Court
(Home)
Federal Appellate Courts Opinions
  First Circuit
  Second Circuit
  Third Circuit
  Fourth Circuit
  Fifth Circuit
  Sixth Circuit
  Seventh Circuit
  Eighth Circuit
  Ninth Circuit
  Tenth Circuit
  Eleventh Circuit
  D.C. Circuit
  FDsys: Many district courts
  FDsys: Many federal courts
  FDsys: Other
  Military Courts: C.A.A.F., Army, AF, N-M, CG
State courts (and some USDC opinions)

Google Scholar
Advanced Google Scholar
Google search tips
LexisWeb
LII State Appellate Courts
LexisONE free caselaw
Findlaw Free Opinions
To search Search and Seizure on Lexis.com $

Most recent SCOTUS cases:
2009 to date:

2013-14 Term:
  Riley v. California, granted Jan.17, argued Apr. 29 (ScotusBlog)
  United States v. Wurie, granted Jan.17, argued Apr. 29 (ScotusBlog)
  Plumhoff v. Rickard, granted Nov. 15, argued Mar. 4 (ScotusBlog)
  Stanton v. Sims, 134 S.Ct. 3, 187 L. Ed. 2d 341 (Nov. 4, 2013) (per curiam)
  Navarette v. California, granted Oct.1, argued Jan. 21 (ScotusBlog)
  Fernandez v. California, 134 S.Ct. 1126, 188 L. Ed. 2d 25 (Feb. 25) (ScotusBlog)

2012-13 Term:
  Maryland v. King, 133 S.Ct. 1958, 186 L.Ed.2d 1 (2013) (ScotusBlog)
  Missouri v. McNeeley, 133 S.Ct. 1552, 185 L.Ed.2d 696 (2013) (ScotusBlog)
  Bailey v. United States, 133 S.Ct. 1031, 185 L.Ed.2d 19 (2013) (ScotusBlog)
  Florida v. Harris, 133 S.Ct. 1050, 185 L.Ed.2d 61 (2013) (ScotusBlog)
  Florida v. Jardines, 133 S.Ct. 1409, 185 L.Ed.2d 495 (2013) (ScotusBlog)
  Clapper v. Amnesty International USA, 133 S.Ct. 1138, 185 L.Ed.2d 264 (2013) (ScotusBlog)

2011-12 Term:
  Ryburn v. Huff, 132 S.Ct. 987, 181 L.Ed.2d 966 (2012) (other blog)
  Florence v. Board of Chosen Freeholders, 132 S.Ct. 1510, 182 L.Ed.2d 566 (2012) (ScotusBlog)
  United States v. Jones, 132 S.Ct. 945, 181 L.Ed.2d 911 (2012) (ScotusBlog)
  Messerschmidt v. Millender, 132 S.Ct. 1235, 182 L.Ed.2d 47 (2012) (ScotusBlog)

2010-11 Term:
  Kentucky v. King, 131 S.Ct. 1849, 179 L.Ed.2d 865 (2011) (ScotusBlog)
  Camreta v. Greene, 131 S.Ct. 2020, 179 L.Ed.2d 1118 (2011) (ScotusBlog)
  Ashcroft v. al-Kidd, 131 S.Ct. 2074, 179 L.Ed.2d 1149 (2011) (ScotusBlog)
  Davis v. United States, 131 S.Ct. 2419, 180 L.Ed.2d 285 (2011) (ScotusBlog)

2009-10 Term:

  Michigan v. Fisher, 558 U.S. 45, 130 S.Ct. 546, 175 L.Ed.2d 410 (2009) (per curiam) (ScotusBlog)
  City of Ontario v. Quon, 560 U.S. 746, 130 S.Ct. 2619, 177 L.Ed.2d 216 (2010) (ScotusBlog)

2008-09 Term:
  Herring v. United States, 555 U.S. 135, 129 S.Ct. 695, 172 L.Ed.2d 496 (2009) (ScotusBlog)
  Pearson v. Callahan, 555 U.S. 223, 129 S.Ct. 808, 172 L.Ed.2d 565 (2009) (ScotusBlog)
  Arizona v. Johnson, 555 U.S. 323, 129 S.Ct. 781, 172 L.Ed.2d 694 (2009) (ScotusBlog)
  Arizona v. Gant, 556 U.S. 332, 129 S.Ct. 1710, 173 L.Ed.2d 485 (2009) (ScotusBlog)
  Safford Unified School District #1 v. Redding, 557 U.S. 364, 129 S.Ct. 2633, 174 L.Ed.2d 354 (2009) (ScotusBlog)


Research Links:
  Supreme Court:
  SCOTUSBlog
  S. Ct. Docket
  Solicitor General's site
  SCOTUSreport
  Briefs online (but no amicus briefs) 
  Curiae (Yale Law)
  Oyez Project (NWU)
  "On the Docket"–Medill
  S.Ct. Monitor: Law.com
  S.Ct. Com't'ry: Law.com

  General (many free):
  LexisWeb
  Google Scholar | Google
  LexisOne Legal Website Directory
  Crimelynx
  Lexis.com $
  Lexis.com (criminal law/ 4th Amd) $
  Findlaw.com
  Findlaw.com (4th Amd)
  Westlaw.com $
  F.R.Crim.P. 41
  www.fd.org

  FBI Domestic Investigations and Operations Guide (2008) (pdf)
  DEA Agents Manual (2002) (download)
  DOJ Computer Search Manual (2009) (pdf)

  Congressional Research Service:
    Electronic Communications Privacy Act (2012)
    Overview of the Electronic Communications Privacy Act (2012)
    Outline of Federal Statutes Governing Wiretapping and Electronic Eavesdropping (2012)
    Federal Statutes Governing Wiretapping and Electronic Eavesdropping (2012)
    Federal Laws Relating to Cybersecurity: Discussion of Proposed Revisions (2012)

  ACLU on privacy
  Privacy Foundation
  Electronic Privacy Information Center
  Criminal Appeal (post-conviction) (9th Cir.)
  Section 1983 Blog

"If it was easy, everybody would be doing it. It isn't, and they don't."
—Me

"Love work; hate mastery over others; and avoid intimacy with the government."
—Shemaya, in the Thalmud

"A system of law that not only makes certain conduct criminal, but also lays down rules for the conduct of the authorities, often becomes complex in its application to individual cases, and will from time to time produce imperfect results, especially if one's attention is confined to the particular case at bar. Some criminals do go free because of the necessity of keeping government and its servants in their place. That is one of the costs of having and enforcing a Bill of Rights. This country is built on the assumption that the cost is worth paying, and that in the long run we are all both freer and safer if the Constitution is strictly enforced."
Williams v. Nix, 700 F. 2d 1164, 1173 (8th Cir. 1983) (Richard Sheppard Arnold, J.), rev'd Nix v. Williams, 467 US. 431 (1984).

"The criminal goes free, if he must, but it is the law that sets him free. Nothing can destroy a government more quickly than its failure to observe its own laws, or worse, its disregard of the charter of its own existence."
Mapp v. Ohio, 367 U.S. 643, 659 (1961).

Any costs the exclusionary rule are costs imposed directly by the Fourth Amendment.
—Yale Kamisar, 86 Mich.L.Rev. 1, 36 n. 151 (1987).

"There have been powerful hydraulic pressures throughout our history that bear heavily on the Court to water down constitutional guarantees and give the police the upper hand. That hydraulic pressure has probably never been greater than it is today."
Terry v. Ohio, 392 U.S. 1, 39 (1968) (Douglas, J., dissenting).

"The great end, for which men entered into society, was to secure their property."
Entick v. Carrington, 19 How.St.Tr. 1029, 1066, 95 Eng. Rep. 807 (C.P. 1765)

"It is a fair summary of history to say that the safeguards of liberty have frequently been forged in controversies involving not very nice people. And so, while we are concerned here with a shabby defrauder, we must deal with his case in the context of what are really the great themes expressed by the Fourth Amendment."
United States v. Rabinowitz, 339 U.S. 56, 69 (1950) (Frankfurter, J., dissenting)

"The course of true law pertaining to searches and seizures, as enunciated here, has not–to put it mildly–run smooth."
Chapman v. United States, 365 U.S. 610, 618 (1961) (Frankfurter, J., concurring).

"A search is a search, even if it happens to disclose nothing but the bottom of a turntable."
Arizona v. Hicks, 480 U.S. 321, 325 (1987)

"For the Fourth Amendment protects people, not places. What a person knowingly exposes to the public, even in his own home or office, is not a subject of Fourth Amendment protection. ... But what he seeks to preserve as private, even in an area accessible to the public, may be constitutionally protected."
Katz v. United States, 389 U.S. 347, 351 (1967)

“Experience should teach us to be most on guard to protect liberty when the Government’s purposes are beneficent. Men born to freedom are naturally alert to repel invasion of their liberty by evil-minded rulers. The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding.”
United States v. Olmstead, 277 U.S. 438, 479 (1925) (Brandeis, J., dissenting)

“Liberty—the freedom from unwarranted intrusion by government—is as easily lost through insistent nibbles by government officials who seek to do their jobs too well as by those whose purpose it is to oppress; the piranha can be as deadly as the shark.”
United States v. $124,570, 873 F.2d 1240, 1246 (9th Cir. 1989)

"You can't always get what you want / But if you try sometimes / You just might find / You get what you need."
—Mick Jagger & Keith Richards

"In Germany, they first came for the communists, and I didn't speak up because I wasn't a communist. Then they came for the Jews, and I didn't speak up because I wasn't a Jew. Then they came for the trade unionists, and I didn't speak up because I wasn't a trade unionist. Then they came for the Catholics and I didn't speak up because I wasn't a Catholic. Then they came for me–and by that time there was nobody left to speak up."
Martin Niemöller (1945) [he served seven years in a concentration camp]

“You know, most men would get discouraged by now. Fortunately for you, I am not most men!”
Pepé Le Pew

"There is never enough time, unless you are serving it."
Malcolm Forbes

"The point of the Fourth Amendment, which often is not grasped by zealous officers, is not that it denies law enforcement the support of the usual inferences which reasonable men draw from evidence. Its protection consists in requiring that those inferences be drawn by a neutral and detached magistrate instead of being judged by the officer engaged in the often competitive enterprise of ferreting out crime."
Johnson v. United States, 333 U.S. 10, 13-14 (1948)


Misc

XML Feeds

What is RSS?

Who's Online?

  • slepleentaiff Email
  • ketitesetug Email
  • infincatmolla Email
  • wearsehem Email
  • aerothshiesse Email
  • vomozigocog Email
  • repflielt Email
  • gypeplaipiz Email
  • jineunreali Email
  • nakreinia Email
  • shourryhego Email
  • meftpauntee Email
  • carpinteyroucw Email
  • deannydwerm Email
  • emunlinuifofs Email
  • alobabera Email
  • boypepelelync Email
  • broarplousale Email
  • suegreefult Email
  • essexisalaync Email
  • chaphsiperype Email
  • carpinteyrogxa Email
  • autociava Email
  • hyncassinny Email
  • exitiettwesee Email
  • sypecrucceeme Email
  • shodiaded37 Email
  • scargaice Email
  • hildevavalm Email
  • immuctiohic Email
  • abileachali Email
  • j5rqydkhcx Email
  • comeensuche Email
  • vemaddidgetat Email
  • jinonoforse Email
  • Guest Users: 184

powered by
b2evolution